A derivative action may be maintained only by a person that is a partner at the time the action is commenced and: (1) that was a partner when the conduct giving rise to the action occurred; or (2) whose status as a partner devolved by operation of law or pursuant to the terms of the partnership agreement from a person that was a partner at the time of the conduct.
Proper Plaintiff
Mont. Code Ann. § 35-12-1402, under Derivative Actions.
Mont. Code Ann. § 35-12-1402